Gender Inequality Lawsuit Centers On Sex Change

New Jersey as one of the states that bans gender discrimination and has made provisions for ‘gender identity or gender expression,’ is now faced with a dilemma on questions of gender inequality in the work place. Thirty-nine year old Mr. Devoureau, a transgender who felt he was discriminated in the workplace has filed a lawsuit against Urban Treatment Associates in Camden. He was hired as a urine monitor on a part time basis in June but he was fired from work the next day.

The employer has stated in their response that was filed in January that the gender of the worker employed in this kind of job is a required bona fide work qualification. The work requires the male employee to practically watch the men expel their urine in plastic cups for drug testing to ensure that those who are under rehab do not switch another’s urine as their own.

Mr. Devoureau although born physiologically as a female has stated that he has been male all through his life starting from his childhood as he recalls. Then in 2006, he went through sex-change surgery after taking male hormones. The State of Georgia later issued him a birth certificate identifying his gender as male. His driver’s license in New Jersey as well as his records in the Social Security Administration likewise had changed his gender identification as male.

Transgender Legal Defense and Education Fund executive director Michael Silverman, expressed that this discrimination case is the first workplace related case that questions the real implications of gender identification of a transgender at work. Mr. Devoureau is represented by the Gibson, Dunn & Crutch law firm and his lawsuit is filed at the Superior Court in Camden.

Mr. Devoureau is currently employed on a part time basis in a shipping company. His work now involves package handling. Though he is not paid so much for every hour while working in the treatment center, he says that he would still want to have the job back because he has to support his son and himself. He further states that he would take on any work that he can find especially in the present economic situation.

Mr. Devoureau who protects his privacy do not want to discuss private matters openly but says that he was being judged for who he is and not for the kind of work that he is capable of doing. He stressed further that he is doing this to let everyone know that it is wrong and he hopes that it does not have to happen to others too.